Stevens v. Walker & Dexter

Citations

• 55 Ill. 151

Syllabus

<p>1. Attorney at law—liability for neglect of duty. A judgment, which had been recovered in the circuit court of Cook county, in this State, was placed in the hands of an attorney at law in that county, residing and doing business in the city of Chicago, to collect from the estate of the judgment debtor, the county court of Cook county having jurisdiction thereof. The claim came to the hands of the attorney after the term appointed by the administrator for the presentation and adjustment of claims against the estate, but about eighteen months prior to the expiration of two years from the granting of letters. Notice was immediately given, and the claim was presented to the county court,- but its consideration postponed-in order that an explanation might be made of a receipt which the attorney of the estate stated he had seen for a part of the claim. Several ineffectual attempts were afterwards made to bring the claim to a hearing. Finally, the county court dismissed the claim from the docket about eight days before the expiration of two years after the granting of letters, for want of prosecution, and because the claimant, who was a non-resident, had failed to give security for costs, and soon after ordered the administrator to make payment pro rata of claims already allowed, which exhausted the entire assets of the estate. The claim received very little personal attention from the attorney, he having left it almost entirely in charge of his clerk. „ It was not pretended there was any defense to the judgment, except to a small part of it included in the receipt: Held, the attorney was liable for the injury resulting from his neglect to procure an allowance of the claim in proper time to participate in the distribution of the assets of the estate.</p> <p>2. An attorney at law who assumes to exercise the duties of his office in behalf of another for hire and reward, must be held to employ in his undertaking a reasonable degree of care and skill, and if injury results